PART 1A-D OF BSB HANDBOOK Flashcards
The regulatory objectives of the Bar Standards Board derive from the Legal Services Act 2007 and can be summarised as? (Part 1A A1 I2)
.1 protecting and promoting the public interest;
.2 supporting the constitutional principles of the rule of law;
.3 improving access to justice;
.4 protecting and promoting the interests of consumers;
.5 promoting competition in the provision of the services;
.6 encouraging an independent, strong, diverse and effective legal profession;
.7 increasing public understanding of the citizen’s legal rights and duties; and
.8 promoting and maintaining adherence to the following professional principles:
.a that authorised persons act with independence and integrity;
.b that authorised persons maintain proper standards of work;
.c that authorised persons act in the best interests of their clients;
.d that authorised persons comply with their duty to the court to act with independence in the interests of justice; and
.e that the affairs of clients are kept confidential.
the Bar Standards Board shall have the power to waive or modify? (A4. rl5, subject to rl2)
.1 the duty imposed on a BSB regulated person or unregistered barrister to comply with the provisions of this Handbook; or
.2 any other requirement of this Handbook
.3 in such circumstances and to such extent as the Bar Standards Board may think fit and either conditionally or unconditionally.
Any application to the Bar Standards Board for a waiver of any of the mandatory requirements or to extend the time within which to complete any of the mandatory requirements must be made in? (A4. rl6, )
be made in writing, setting out all relevant circumstances relied on and supported by all relevant documentary evidence.
who does the handbook apply to? (rl7 under B application rules)
.1 all barristers, that is to say:
.a barristers who hold a practising certificate in accordance with Section 3.C (“ practising barristers”);
.b barristers who are undertaking pupillage, or a part thereof and who are registered with the Bar Standards Board as a pupil (“ pupils”); and
.c all unregistered barristers.
.2 European lawyers registered as such by the Bar Standards Board and by an Inn in accordance with Section 3.D but only in connection with professional work undertaken by them in England and Wales (“ registered European lawyers”);
.3 bodies which have been authorised or licensed by the Bar Standards Board in accordance with Section 3.E of this Handbook (“ BSB entities”);
.4 individuals who are authorised to provide reserved legal activities by another Approved Regulator where such individuals are employed by a BSB authorised person (“ authorised (non-BSB) individuals”);
.5 all managers of BSB entities;
.6 to the extent that this Handbook is expressed to apply to them in their capacity as such, owners of a BSB entity;
.7 solely as regards provisions in this Handbook relating to disqualification from performing a relevant activity or relevant activities and not otherwise, any nonauthorised individuals who are employed by a BSB authorised person; and
.8 solely as regards Section 4.B of the Handbook, individuals who wish to be called to the Bar and to become qualified to practise as a barrister and authorised education and training organisations. Until 1 January 2020, for the purposes of any proceedings of the Inns Conduct Committee, Part 4 applies as if version 3.5 of the BSB Handbook were in force;
.9 and persons within paragraphs rI7.1 to 7 (with the exception of pupils without a provisional practising certificate, unregistered barristers and owners) are referred to as “BSB regulated persons” throughout this Handbook. For the purposes of Part 5 of the Handbook these persons (and those who are no longer BSB regulated persons or unregistered barristers but who were at the time when any conduct was complained of or reported) are referred to as “applicable persons” . For the avoidance of doubt, the Handbook continues to apply to those who are subject to suspension.
When dod you not follow the handbook? (rl8)
If you are a BSB authorised individual who is employed by or a manager of an authorised (non-BSB) body and is subject to the regulatory arrangements of the Approved Regulator of that body, and the requirements of that other Approved Regulator conflict with a provision within this Handbook then the conflicting provision within this Handbook shall not apply to you. You will instead be expected to comply with the requirements of that other Approved Regulator and, if you do so, you will not be considered to be in breach of the relevant provision of this Handbook.
rl9?
If you are a pupil and are:
.1 the pupil of an employed barrister (non-authorised body); or
.2 the pupil of a manager or employee of a BSB entity; or
.3 the pupil of a manager or employee of an authorised (non-BSB) body; or
.4 spending a period of external training with a BSB entity or an authorised (non-BSB) body
.5 this Handbook will apply to you as though you were an employee of the barrister’s employer or the body concerned.
What are the rules for european lawyers (rl10)
If you are a registered European lawyer, then, except where otherwise provided, the provisions of this Handbook which apply to barristers shall apply to you, in connection with all professional work undertaken by you in England and Wales, as if you were a self-employed barrister or an employed barrister (nonauthorised body) or a manager or employee of an authorised (non BSB) body or a manager or employee of a BSB entity (as the case may be) depending on the way in which you practise.
When did the handbook come into force rl12?
This fourth edition of the Handbook came into force on 1 April 2019 and replaced the third edition of the Handbook (which came into effect from 3 April 2017).
rI13
Subject to rI14 below, in respect of anything done or omitted to be done or otherwise arising before 6 January 2014?
.1 Parts 2 and 3 of this Handbook shall not apply;
.2 the edition of the Code of Conduct or relevant Annexe in force at the relevant time shall apply; and
.3 any reference to Part 2, Part 3 or Part 5 of this Handbook shall include reference to the corresponding Part of the edition of the Code of Conduct or relevant
Annexe which was in force at the relevant time.
rl14?
Where:
.1 a matter is being dealt with under the Complaints Regulations prior to 15 October 2019; or the Disciplinary Tribunal Regulations 2014 prior to 1 November 2017; or Annexe J (The Complaints Rules 2011), Annexe K (The Disciplinary Tribunals Regulations (2009) (Reissued 1 February 2012)), Annexe M (Hearings before the Visitors Rules), Annexe N (Interim Suspension Rules) or Annexe O (Fitness to Practise Rules) prior to 6 January 2014; and that matter has not concluded or been disposed of; or
.2 anything done or omitted to be done or otherwise arising before 6 January 2014 required referral for consideration in accordance with any of the above Annexes, then Part 5 of this Handbook shall apply to all such cases and any step taken pursuant to the Annexes then applying (if any) shall be regarded, unless otherwise decided, as having been taken pursuant to the equivalent provisions of Part 5 of this Handbook, save that no fine in excess of £15,000 may be imposed by a Disciplinary Tribunal in respect of conduct before 6 January 2014 and no financial administrative sanction in excess of £300 may be imposed by the Commissioner or an Independent Decision-Making Panel in respect of conduct before 6 January 2014.
